February 26, 2011
Circuit Court of Appeals Cases from Last Week
United States Second Circuit, 02/07/2011
DISH Network Corp. v. DBSD N. Am., Inc., No. 10-1175
Chapter 11 plan confirmed and designation of votes of DISH Network Corporation as "not in good faith" under section 1126(e) where: 1) bankruptcy court's decision to designate DISH's vote as not having been cast in good faith and its treatment of its class's vote is appropriate; but 2) Sprint has standing to appeal the denial of its objection to the confirmation of the reorganization plan and the bankruptcy court erred in confirming the plan of reorganization.
United States Second Circuit, 02/08/2011
In re Adelphia Recovery Trust, No. 09-0799
Bankruptcy Court affirmed in part and reversed in part barring the Adelphia Recovery Trust from pursuing fraudulent conveyance claims against the appellee banks on res judicata and estoppel grounds.
United States Ninth Circuit, 02/10/2011
Barrientos v. Wells Fargo Bank, N.A., No. 09-55810
In an action alleging violation of section 524 must be brought by motion, not via an adversary proceeding.
Thanks to Findlaw.com.
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